What is a Neighbourhood Planning Referendum?
Neighbourhood Planning Referendums are held once a Local Planning Authority has come to a formal view on whether a Neighbourhood Development Plan (NDP) meets the ‘basic conditions’. This formal view is made once an independently appointed Examiner examines the draft Neighbourhood Development Plan, or Neighbourhood Development Order and makes formal recommendations about the Plan. For more information on Neighbourhood Development Plans and Orders see our Planning webpages.
Once the Plan has been through an independent examination, and received the necessary approvals, including the publication of a Decision Statement, the next stage is to hold a Neighbourhood Planning Referendum for the designated area.
The referendum asks the question:
“Do you want Dartford Borough Council to use the Neighbourhood Plan for Stone to help it decide planning applications in the neighbourhood area?”
Electors are able to respond either ‘yes’ or ‘no’ on the ballot paper.
If more than 50% of those voting in the referendum have voted in favour of the plan, then we must bring the Plan into force.
Campaigning
Anyone who is intending to campaign at a Neighbourhood Planning Referendum is encouraged to contact Electoral Services at elections@dartford.gov.uk for more advice and information on the referendum process.
Individuals or bodies (including Councillors), but not public bodies, can campaign for a particular outcome for the referendum as ‘campaign organisers’.
The Counting Officer (who is the Chief Officer & Director of Corporate Services at Dartford Borough Council but is a separate legal entity) administers the referendum. The Local Planning Authority (Dartford Borough Council) may publish factual information for the sole purpose of refuting or correcting any inaccuracy in material published by a person other than the Local Planning Authority.
Neither the Counting Officer nor the Local Planning Authority can campaign for a particular outcome.
Separately the Borough Council, the County Council and Parish and Town Councils (which are public bodies) cannot campaign for a particular outcome.
Individual Councillors (County/Borough/Town/Parish) can campaign, but must not:
- Use their council’s resources to create campaign material
- Display posters or signage that seeks a particular outcome on Council owned property
- Seek to publish views for or against the referendum using Council channels
The Borough Council (or County/Town/Parish Council) must not:
- Publish any material in relation to the referendum except in accordance with Section 4 of The Neighbourhood Planning (Referendums) Regulations 2012 (as amended).
- Publish any press statement relating to the referendum from Councillors
- Allow the use of any Council resources which seeks to support a particular outcome
Campaigning Expenses
Any campaign organiser may spend money on a campaign which seeks to promote or procure a particular outcome. The maximum amount a campaign organiser may spend is:
£2,362 plus (0.059p x N)
- N’ is the number of electors on the relevant register.
The exact amount that campaign organisers may spend is published in the Statement of Information 28 working days before the referendum.
There are certain items that may/may not be included in campaign expenses. Further information on this can be found in The Neighbourhood Planning (Referendums) Regulations 2012 (as amended).
Campaign organisers are encouraged to submit a statement of expenses to the Counting Officer via the Electoral Services team at elections@dartford.gov.uk after the conclusion of the referendum. Ideally this should be within 28 days of the date of the referendum, but there is no requirement in law for this.
It is an offence for a campaign organiser to exceed the referendum expenses limit however and, if found guilty, would be liable to a fine of up to £5,000 and/or imprisonment for up to 12 months. Submitting a statement of expenses to the Counting Officer may help to ensure you remain within the legal requirements, and provides an independent audit trail of your expenses.
Advice on Conduct of Campaigns
Whilst there are no specific legal requirements for campaign groups at Neighbourhood Planning Referendums, the Electoral Commission has produced extensive guidance on conduct when campaigning at national referendums, which can be used as a guide.
Please be aware that the Counting Officer cannot give advice on what should or should not be included in campaign material and has no powers to regulate conduct. If you are unsure of any matter, you should seek your own independent legal advice.
Referendum Timetable
13 April 2022 – Publication of Information Statement
20 April 2022 – Publication of Notice of Referendum
10 May 2022 – Deadline for registration applications to vote in the referendum area
11 May 2022 – Postal vote deadline
18 May 2022 – Publication of Notice of Poll and Situation of Polling Stations
18 May 2022 – proxy vote deadline
26 May 2022 – Polling Day (7am to 10pm)
Referendum result:
Results for the Stone Neighbourhood Planning Referendum following the counting of the votes are as follows:
“Do you want Dartford Borough Council to use the Neighbourhood Plan for Stone to help it decide planning applications in the neighbourhood area?”
| Yes | 720 |
|---|---|
| No | 85 |
The turnout 8.70%